* As I noted yesterday over at Redline, the defense in the NCAA trial is putting up some terrible witnesses. Here’s another example. The NCAA’s expert wrote a textbook. The NCAA might have wanted to check it out before bringing him on to help defend themselves IN AN ANTITRUST CASE. [Twitter / Stewart Mandel]
* Hong Kong lawyers protesting what they see as China meddling. Honestly can you blame China? Ever since Hong Kong let Batman just swoop in and grab that guy, you can’t really trust the Hong Kong legal system. [Reuters]
Several years back, the Washington Post uncovered multiple instances of federal judges committing basic ethical breaches related to ruling on cases despite holding significant financial stakes in one party. It was an embarrassing black eye for the federal judiciary and the legal system altogether. It forced the bench to develop a comprehensive financial reporting system and an automated computer check to avoid any further ethical lapses. Sounded reasonable at the time.
Well, it turns out the computer system doesn’t work.
Or at least it doesn’t work as well as anyone would have hoped. The Center for Public Integrity (CPI) just released a report this morning reflecting their efforts to manually review a sampling of federal court decisions and cross-check those with financial disclosure forms. The report found multiple lapses. The most egregious involved a judge with as much as $100,000 in Johnson & Johnson when he ruled in their favor on an appeal regarding a malfunctioning implant.
But by and large the legal world’s responses to these findings vary from tone-deaf to downright hypocritical….
* There’s a guy called the “Good-Grammar Bandit” out there and he’s a high priority target of the FBI? Allow me to take this opportunity to tell the FBI their doing a good job. [Lowering the Bar]
* Some folks have asked me incredulously about yesterday’s Non-Sequiturs item about Louisiana and Oregon allowing convictions with non-unanimous juries. So here’s some background on how that came to be. [Constitutional Accountability Center]
* Speaking of Louisiana, a lawyer has filed suit against Morris Bart, a major personal injury law firm, for unpaid wages. From what we’re hearing this may be the tip of the iceberg for these sorts of allegations — lots of people have been leaving the firm recently and that’s a recipe for complaints going both ways. [Louisiana Record]
* Florida may not regulate real guns any time soon, but one 11th Circuit judge is ready to regulate the hell out of shotgun pleadings! [South Florida Lawyers Blog]
* Lawyers are bad at social media. They’re bad at social reality, why did we expect them to be good at social virtuality? [CMS Wire]
* ADA’s father was kidnapped (and recovered). Yikes. [WRAL]
* A look at the legal issues in the most recent episode of Agents of S.H.I.E.L.D. If you saw it (and Captain America to the extent they are intertwined), you know there were some heavy legal issues at play. [Legal Geeks]
Circles around the water coolers in offices of the federal judiciary are very busy today. It seems that a rumor is circulating about a prominent conservative judge who allegedly posed for nude photographs before heading to law school. The photos, which made their way to badpuppy.com, one of the largest gay pornography sites on the worldwide web, depict a handsome young man staring into the camera, expressionless, his genitalia fully exposed.
If true, this would not be the first time that a respected jurist has inadvertently revealed what lies underneath their robes. Judge Wade McCree of Michigan bared it all when one of his sext messages was leaked to the public. Madam Justice A. Lori Douglas blushed red as a Canadian maple leaf when nude photographs of Her Honor engaging in bondage acts surfaced online.
On the other hand, if the gossip that is making the rounds is true, it would likely be the first time that a federal judge seated on one of the United States circuit courts has been caught with his pants around his ankles — or in this case, with no pants at all…
(1) Monopolies are generally illegal.
(2) Like baseball, patents make monopoly laws get a little funky.
(3) Courts really really really like to encourage settlements.
So, when two companies get together, and work out a settlement that makes a whole patent infringement lawsuit go away, and the only objection is that pesky Federal Trade Commission complaining that the settlement is anticompetitive, you can understand why a federal court could meditate on points (2) and (3) and dismiss that FTC complaint.
Yet, in FTC v. Actavis, the Supreme Court yesterday made it harder to settle some patent infringement suits, saying that sometimes a settlement of a lawsuit can be an antitrust problem.
* I’m not sure what it takes to be a top “Global Thinker,” but I’m sure these law professors are worthy. [Volokh Conspiracy]
* Good to see that I’m not the only one who gets crazy pitch letters from lawyers. [Popehat]
* If somehow this results in a Simpsons episode where the 11th Circuit rules on whether or not the family can have another Snowball, I’ll be happy. [Find Law]
* No joke, the “things you can’t do on a plane” series is probably my favorite thing in the blawgosphere right now. [Legal Blog Watch]
* Keith Magness, the lawyer accused of masturbating on the office furniture of girls in his firm, entered Alford pleas. But the pleas kind of stuck together. [Times-Picayune]
* But really, how is anybody going to get trial experience if everybody is entering pleas all the time? [Underdog]
* Could a benevolent monopolist fix legal education? Perhaps. But I’d vote for a malevolent blogger instead. [lawprofblog]
* This law student is worried about the tax implications of getting free donuts. He’d better be worried about letting me know that he can get donuts whenever he wants. (Yes, I make the jokes so you can’t hurt me, then go home to bacon-wrapped, fried steak wedges, which don’t judge). [Tax Prof Blog]
* I was on Geraldo at Large for about 30 seconds this weekend telling a gun range owner that guns should be regulated while standing in the middle of his gun store. I wore bright orange because, well, I didn’t want to get shot. [Geraldo at Large]
Let’s see. How many completely unrelated topics can you fit into one federal appeals court ruling? How about a lead defense attorney who drank a quart of vodka during every day of a capital murder trial, a concurring opinion criticizing the majority opinion — not about the case itself, but simply on the ruling’s length — aaaand let’s throw in a Mark Twain quote for good measure.
That should do it! Introducing the ruling in Holsey v. Warden. It’s quite the odd duck, so let’s take a look…
As we mentioned yesterday in Morning Docket, Judge Marcia Gail Cooke (S.D. Fla.) recently issued an omnibus order on multiple motions for sanctions in the high-profile case of Coquina Investments v. TD Bank. The plaintiff, Coquina Investments, moved for sanctions related to various alleged discovery violations.
At a contempt hearing held back in May, Judge Cooke heard testimony from employees of TD Bank and current and former lawyers from Greenberg Traurig, which previously represented the bank. She took the matter under advisement — but not before saying things like, “It is hard for me to describe in words the difficulty throughout this trial related to documents and discovery.”
In one of his ballads, Jim Croce warned that there are four things that you just don’t do: “You don’t tug on Superman’s cape/ You don’t spit into the wind/ You don’t pull the mask off that old Lone Ranger/ And you don’t mess around with Jim.” He could have added a fifth warning to that list: “And you don’t let pistol-packing mother catch you naked in her daughter’s closet.”
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.